Former Columbia University graduate student, Mahmoud Khalil, has initiated legal action against the US government, seeking $20 million in damages in the aftermath of his detention by Immigration and Customs Enforcement (ICE). Khalil’s detention occurred four months ago following his leadership in campus protests supporting Palestine. The Center for Constitutional Rights has submitted the complaint on his behalf under the Federal Tort Claims Act (FTCA), alleging false imprisonment, malicious prosecution, and abuse of process.
Khalil’s legal action also aims for accountability from the Trump administration regarding what he contends is an unconstitutional application of the Immigration and Naturalization Act (INA) of 1952. Notably, he has expressed his willingness to accept an official apology and cessation of the purportedly unconstitutional practices as an alternative to the financial damages. The Center for Constitutional Rights details these allegations in their statement on the matter, which can be viewed here.
The detention of Khalil was authorized by former Secretary of State Marco Rubio, applying Section (3)(C)(i) of the INA, which stipulates inadmissibility for an alien if their entry or proposed activities are believed to have potentially serious adverse foreign policy consequences for the United States. Khalil, a holder of a green card and already admitted to the US, was detained on the grounds of his supposed involvement in activities that were evaluated as posing such consequences. Rubio’s authority to assess and determine the deportability of a legal alien based on their beliefs or associations also forms part of the contentious points in the complaint.
Despite Khalil’s release from federal custody on June 20, the Department of Homeland Security (DHS) maintains his inclusion on their “100 days of fighting fake news” page, asserting that Khalil “abused the privilege of a student visa.” For a more detailed account of Khalil’s situation and legal proceedings, further information is available through JURIST’s coverage.